Examination of legislative framework on personal user data in Kenya: promotion and protection of the right to privacy

Abstract

Concerns over cybersecurity threats have been raised by Kenya's increasing reliance on digital technology, which has resulted in a rise in the sharing and storing of personal user data. In order to determine the degree to which existing laws protect people's privacy and security on digital platforms, this study analyses Kenya's cybersecurity legal framework with regard to the protection of personal data. It examines current laws that regulate the gathering, storing, and processing of data by public and commercial organisations, with an emphasis on how well enforcement tools and sanctions work to discourage violations. In order to handle new cybersecurity issues, the study aims to pinpoint the legal framework's flaws and inadequacies and suggest the necessary changes. To identify best practices and lessons that apply to Kenya, a comparison study with countries that have effectively enacted strong cybersecurity laws will be carried out. The study intends to aid in the creation of a more successful legislative and regulatory strategy for safeguarding personal user data in Kenya by pointing out areas that require improvement. The research is doctrinal in nature and it relies on a desktop approach based on primary and secondary sources. The primary sources include the Constitution, legislation, and regulations. Secondary sources include books, book chapters, and journal articles. The study also relies on a comparative study on South Africa. Among the considerations of this study are comprehensive evaluations of the benefits and drawbacks of the current legislation, recommendations for legislative modifications, and potential impacts of these changes on enhancing the protection of personal user data in Kenya. In conclusion, this research paper seeks to contribute to the ongoing discussion on cybersecurity laws in Kenya by focusing specifically on the protection of personal user data. The goal of the study is to provide policymakers, attorneys, and other stakeholders with important insights on the legal aspects of data security and privacy. By doing this, they will be able to fortify the current system and ensure that user data is effectively protected in the digital age.